A special CBI court grants anticipatory bail to PC and his son Karti in Aircel-Maxis case

A special CBI court on Thursday sent former Union minister P Chidambaram to Tihar jail, remanding him in judicial custody for 14 days, after the Supreme Court dismissed his anticipatory bail in a case registered by the Enforcement Directorate (ED).

Chidambaram will be in cell number 7, meant for economic offenders. His son Karti, a co-accused in the INX media corruption case, was in the same cell after the CBI had arrested him last March. The court declined Chidambaram’s request for “immediate release” or to remand him in ED custody for interrogation.

In a related development, another special CBI court granted anticipatory bail to Chidambaram and his son Karti in the Aircel-Maxis case.

Contending that the real motive of the agencies is to “humiliate” Chidambaram, senior lawyer Kapil Sibal said there was no justification for Chidambaram’s judicial custody.

Opposing the demand, Solicitor General Tushar Mehta said “it is a serious case of corruption”. Refusing to name, Mehta produced the statement of a witness in the INX media case to buttress his claim that Chidambaram can “easily influence” witnesses and tamper with evidence. He cited apprehension of “individual influence” on foreign banks from whom information has been sought through letters rogatory.

Sibal denied such apprehensions stating that the agencies have failed to show even an “iota of evidence” to prove that witnesses have been approached by Chidambaram ever since the case has been registered by CBI in May 2017.

As per available information, ED will seek Chidambaram’s custodial interrogation. The agency has been asked to respond on Chidambaram’s plea.

The order marked the end of several twists and turns as the Congress leader had moved the Supreme Court for anticipatory bail, first in the CBI case, but was arrested by the agency even before he could be heard. He moved for anticipatory bail in the ED case to avoid a similar arrest by ED only to be turned down by SC. His lawyers then withdrew a third plea in which he had challenged his arrest by CBI and subsequent remand as violative of his right to liberty.

In a damning ruling, a bench comprising Justices R Banumathi and AS Bopanna said that the CBI special judge was wrong to verbatim quote from a note by the investigative agencies submitted after arguments were reserved in the case but ruled against him. The power to grant anticipatory bail was an extraordinary remedy and has to be exercised sparingly; more so, in cases of economic offences, it said.

While granting anticipatory bail to Chidambaram and his son Karti in the Aircel-Maxis case on Thursday, special CBI court Judge OP Saini said: “Considering the distance of time between commission of the alleged crime and the filing of instant applications, unexplained delay in investigation, there being no possibility of the accused tampering with the evidence or threatening any witness or fleeing from justice and there being no possibility also of the accused committing a similar crime again.”

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